Morrill

This is an action in equity to foreclose a contract and recover judgment upon four promissory notes amounting in the aggregate to forty-three thousand dollars. The contract and notes were made by defendant Nightingale to the plaintiffs on account of an alleged purchase of the capital stock of the Milwaukee Furniture Company. The prayer of the complaint asks that judgment be had for the amount of the notes, and that certain real estate and the said capital stock be applied to the satisfaction of such judgment, said property having been transferred under the contract to secure the payment of the aforesaid notes. Among other matters, the answer sets out that the contract and notes were not signed by the defendant Nightingale voluntarily, but under coercion and intimidation, by threatening defendant with arrest and imprisonment upon a warrant of arrest which the plaintiffs at the time induced Nightingale to believe had been issued. Judgment went for defendants, and this appeal is prosecuted from the judgment and order denying plaintiffs’ motion for a new trial.

The merits of this appeal are fully tested by a determination as to whether or not the findings support the judgment; for,…